Vybz Kartel ruling to be made on July 31

A much-anticipated ruling will be made on July 31 on whether Dancehall music star Vybz Kartel will be released or face a retrial for the murder of Clive ‘Lizard’ Williams.

The core of this important decision is Judge Marva MacDonald BishopJamaica’s first female president of the Court of Appeal, was sworn in on July 18, replacing recently retired Justice Patrick Brooks. Justice McDonald-Bishop led the three-judge panel that heard the case, along with Justices Paulette Williams and David Fraser.

In June, the Court of Appeal heard six days of extensive legal arguments from the defense and prosecution. Defense attorney Isat Buchanan argued that the acquittal was necessary to prevent further constitutional violations by Vybz Kartel and his three co-defendants. Buchanan argued that prosecutors had not yet addressed how they would mitigate those violations, saying, “The uncertainty of maintaining or continuing the violations exacerbates the violation.”

Instead, Acting Attorney General Claudette Thompson argued that Vybz Kartel and his co-defendants should not escape justice on a technicality. Thompson insisted a retrial was justified given the seriousness of the crimes, the strength of the case, the public interest, and the availability of witnesses. She insisted that the torture the defendants had endured was not enough to justify avoiding a retrial.

Judge MacDonald-Bishop acknowledged that deciding whether to retry a case is complex, especially for cases involving serious crimes and long delays. “The issue of retrying a case is never an easy matter for the court, especially when it involves serious crimes and long delays. It takes time, but the court recognises the need to expedite this matter,” she said.

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She stressed that the court reserved its judgment and planned to render it no later than the end of its term taking into account the health issues of one of the appellants.

Vybz Kartel reportedly suffers from Graves’ disease, heart problems and mental health issues, and his lawyers claim his condition would worsen if he were to go to a new trial. Prosecutors have said a retrial of Kartel and his three co-defendants for murder could take place as early as 2025.

Justice MacDonald-Bishop also noted that the court would consider the government’s budget for a possible retrial. Earlier this year, the government was ordered to reimburse Vybz Kartel and his three co-defendants for their legal fees in their appeal to the UK Privy Council, which could be as much as $150 million.

The Court of Appeal also warned that the retrial would not proceed if no witnesses appeared. Justice MacDonald-Bishop stressed that the court would not send the case back to the Supreme Court just to wait for witnesses to be found.

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